How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 35057
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

A friend of mine is divorced from her husband. She lives here

This answer was rated:

A friend of mine is divorced from her husband. She lives here in the UK and lives in the house that they are both named on the deeds for. However, as part of her divorce, she gets to stay in the house, and he pays the mortgage as part of the Child Maintenance agreement. They have a document from the divorce that states that if and when the house is sold, he gets no financial benefit from the sale - thus, all the proceeds will be hers.

However, it turns out that he now owes £250,000 in unpaid taxes in Germany. She is now worried, that should he be prosecuted for failure to pay, that the German Authorities could take the money owed from the value of the property (making her and her two children homeless). Is this correct?

My thought was that the divorce states he has no financial claim on the property, and therefore it wouldn't be considered an asset of his - and therefore, she should be protected by that. Am i right? I just want to help her to alleviate some of the stress she is feeling - any comments would be very welcome...
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
You are correct - under UK law the proceeds of sale belong to her.
Since any enforcement would have to be under UK law there is no risk that the house can be touched.
I hope that this is of assistance - please ask if you need further details
Clare
Clare and 2 other Law Specialists are ready to help you
Customer: replied 4 years ago.

Thanks Clare, I will pass this on to my friend. This should help her get some sleep and offer her some comfort. Much appreciated....


 


...particularly the bit where you said I was right!!!

Hi
You are most welcome - I hope all goes well
Clare